Stating that there was no “good reason” to reject bail, the Supreme Court rapped the Allahabad High Court for not showing “courage” in granting bail to a cleric in an alleged conversion case.
“We can understand that the trial court rejected bail as trial courts rarely mustered the courage to grant bail, be it a crime. However, at least, the High Court was expected to muster the courage and exercise discretion judiciously,” observed The Bench of Justices JB Pardiwala and R Mahadevan, granting bail to the cleric arrested under the Illegal Conversion of Religion Act, 2021.
Discretion, the high court said, does not mean that the judge out of his own whims and fantasy reduces the bail by saying that the conversion is something very serious.
“We are aware of the fact that grant of bail is a matter of discretion. But discretion must be exercised judicially keeping in mind the well-established principles of grant of bail. Bail saying conversion is a very serious thing,” he said the superior court.
The Supreme Court underlined that so many conferences, seminars, workshops, etc. are held every year. so that trial judges understand how to exercise their discretion.
He was brought to the notice of the high court that the child who was mentally challenged was abandoned by the parents and was thrown on the streets and the cleric, who has no previous criminal record, on humanitarian grounds took the child to his place and gave shelter.
“We are of the view that the High Court should have exercised its discretion in granting bail to the petitioner. There was no good reason for the High Court to decline bail. The alleged offense is not as grave or grave as murder, dacoity, rape etc,” the top court said.
“At times when the High Court lowers bail in matters of the present type, it gives the impression that completely different considerations weighed with the president who ignores the well-established principles of granting bail,” the court said.
The cleric’s release must not now come in the way of the trial, he warned the Supreme Court.
Marking it as a cautionary tale for the pendency of cases in courts, the Supreme Court said: “This is one of the reasons why the high courts and now unfortunately the Supreme Court of the country are inundated with bail applications.” .
“This matter should not have reached the Supreme Court. The trial court should have been brave enough to exercise its discretion and release the petitioner on bail,” the top court lamented.
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